Water Act 2007

This Part, and the Water Markets Intermediaries Code, apply to an unincorporated association as if the unincorporated association were a person. However, an obligation that would otherwise be imposed on the association:

is imposed on each member of the association’s committee of management instead; and

may be discharged by any of the members.

If, apart from this subsection, an unincorporated association would contravene a civil penalty provision, the contravention is taken to have been committed by each member of the association’s committee of management.

A member of an unincorporated association’s committee of management does not contravene a civil penalty provision because of subsection (2), if the member:

does not know of the circumstances that constitute the contravention of the provision concerned; or

knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.

A defendant bears an evidential burden in relation to the matters in this subsection: see section 154E.